Maine Lawyer’s Inappropriate Advances Leads to Suspension, Possible Disbarment

Link of Opinion: http://www.courts.state.me.us/court_info/opinions/documents/Bar-09-14Pongratz6-8-10.pdf


In Board of Overseers of the Bar v. Pongratz, BAR-09-14 (June 8, 2010) (Levy, J.), the Maine Supreme Judicial Court suspended the lawyer for 18 months (subject to other terms and conditions), after questioning his “ability to achieve the level of professionalism required” of an attorney, along with his failure to exercise reasonable care, skill and judgment, and for wrongfully asserting a lien against a client’s file.

The Maine Supreme Judicial Court affirmed the Maine Bar of Overseers conclusions that the lawyer’s inappropriate sexual advances toward a client was in violation of Maine Bar Rule 3.6(a), and the assertion of a lien on a client's file in order to secure payment of a fee is in violation of Maine Bar Rule 3.7(c)(1).

The lawyer’s failure to exercise reasonable care, and “interjecting his own needs and desires” into the attorney-client relationship, “while simultaneously providing representation and advice,” purposely loses the “trust and confidence” of a client. This, along with the lawyer’s history of a hiding the truth about his federal felony charge prior to admittance to the bar, and his recent actions, brought into question the lawyer’s “capacity to maintain the level of professionalism required of members of the Bar.”

This case teaches the importance of the lawyer’s duty under Maine Bar Rule 3.6(a) that states “a lawyer must employ reasonable care and skill and apply the lawyer's best judgment in the performance of professional services.” In addition, Maine Bar Rule 3.7(c)(1) states a “does not authorize an attorney to assert a lien on a client's file in order to secure payment of a fee.”